Fred Kato v Registrar of Titles (Miscellaneous Cause No. 81 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Application dismissed under Order 9 Rule 22 of the Civil Procedure Rules for non-appearance of the applicant at the scheduled hearing. The applicant sought issuance of a certificate of title for land comprised in Block 244 Plot 7550 but neither the applicant nor his counsel attended the hearing despite proper service. No order as to costs.

Outcome

Application dismissed for non-appearance

Facts

The applicant Fred Kato filed an application seeking orders that the Registrar of Titles issue a certificate of title in respect of land comprised in Block 244, Plot 7550. The application was fixed for hearing on 10th February 2026 at 2:30pm. The court record shows that all parties, including the applicant's lawyers M/S Obed Mwebesa and Associated Advocates, were duly served with hearing notice on 5th February 2026 by the Land Division Court process server. On the hearing date, the respondent appeared through counsel Ms. Nandawula Diana, but neither the applicant nor his lawyer attended court. Counsel for the respondent prayed for dismissal under Order 9 Rule 22 of the Civil Procedure Rules.

Issues

1. Whether the application should be dismissed for non-appearance of the applicant at the scheduled hearing.

Orders

• Application dismissed under Order 9, Rule 22 of the Civil Procedure Rules SI 71-1 for non-appearance of the Applicant.
• No order as to costs.

Legislation cited (3)

• Civil Procedure Act Cap 282 s.98
• Judicature Act Cap 16 s.37
• Civil Procedure Rules SI 71-1 Order 9 Rule 22

The original judgment as reported. Read the original PDF before relying on any passage.